Solicitation_140R2020Q0016_-_Folsom_VEB_Repair.pdf

Solicitation No. 140R2020Q0016

Folsom Dam Vessel Exclusion Barrier (VEB) Central Mooring Repair

Central California Area Office, Folsom CA.

TABLE OF CONTENTS

SECTION A – SOLICITATION, OFFER AND AWARD FORM (SF 1442)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SOLICITATION, OFFER

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In FAR Part 13 solicitations "offer" and "offeror" means "Quote" and "Quoter"

CALL:

FOR

Simplified Acquisition

Procedures

Bureau of Reclamation

Mid-Pacific Region Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Bureau of Reclamation - Interior Region 10

2800 Cottage Way, Rm. E-1815 Sacramento, CA 95825 edanger@usbr.gov

Erik Danger 916-978-5018

1 3

PURCHASE REQUEST NO.

140R2020Q0016

10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

A. Title: Folsom Dam Vessel Exclusion Barrier (VEB) Central Mooring Repair

B. Work Site Location: The work is located at Folsom Dam, Folsom, CA.

C. Estimated Price Range: $100,000.00 to $250,000.00.

D. Set Aside Information: This requirement is restricted to Total Small Business concerns under NAICS 237990 with the applicable size standard of $39.5 M. FAR Clause 52.219-06 Notice of Total Small Business Set Aside applies to this requirement.

E. This is a Request for Quote issued in accordance with Simplified Acquisition Procedures (FAR Part 13).

11. The Contractor shall begin performance within

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award notice to proceed. The performance period is mandatory, negotiable. (See ________________________________________________ .)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and is not required.is, B. An offer guarantee

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers must be publicly opened at that time . Sealed envelopes containing offers shall be marked to show the offeror's name and address. The solicitation number, and the date and time offers are due.

D. Offers providing less than

12B. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in item 12B.)

7 45 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

11/13/2019 x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Contract Authority acceptance after the date offers are due will not be considered and will _________________ be rejected.

11/05/2019

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Contract Authority in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (MUST BE FULLY COMPLETED BY OFFEROR)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Contract Authority)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Contract Authority solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. CONTRACT AUTHORITY 31C. AWARD DATE

BY

2PAGE OF

Bureau of Reclamation Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Erik M. Danger

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

Continued...

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R2020Q0016

(A) (B) (C) (D) (E) (F)

Period of Performance: 45 days from award and

NTP

Section B - Supplies and Services and Prices "AU" - Activity Unit is used solely for the purpose of allowing progress payments under the Department of Interior's Financial & Business Management System (FBMS)

Option 1 - Folsom VEB Central Mooring Repair Pricing Schedule Option 1 CLIN 1

Option 2 - Folsom VEB Central Mooring Repair Pricing Schedule Option 2 CLIN 1

See following continuation page(s)

Only one of the two options will be awarded

1 AU

1 AU

CONTINUATION OF

SECTION B - SUPPLIES OR SERVICES AND PRICES

Folsom Dam Vessel Exclusion Barrier (VEB) Central Mooring Repair Central California Area Office, Folsom, California

B.1 GENERAL

The contractor shall, except as otherwise noted, provide all necessary labor, equipment, materials, supplies, transportation, travel, and per diem necessary to perform the work specified in the attached Statement of Work.

B.2 BID SCHEDULE

(a) Quotes will be considered for award on the following schedules. Only one of the optional schedules will be awarded.

(b) All quotes are subject to the terms and conditions of this solicitation.

(c) Definitions:

(1) CLIN – Contract Line Item Number.

PRICE SCHEDULE OPTION 1

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1 C – SOW

Option 1

Solicitation No.

140R2019Q0016 - Folsom Dam Vessel Exclusion Barrier (VEB) Central Mooring Repairs

For the lump sum of $

PRICE SCHEDULE OPTION 2

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1 C – SOW

Option 2

Solicitation No.

140R2019Q0016 - Folsom Dam Vessel Exclusion Barrier (VEB) Central Mooring Repairs

For the lump sum of $

B-1

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

C-1

Statement of Work

Folsom Dam Vessel Exclusion Barrier (VEB) Anchor Repair

1.0 Project Background

The Bureau of Reclamation, Folsom Dam, located approximately 20 miles north-east of Sacramento, CA, has a requirement to repair an existing Harbor Offshore vessel barrier before the beginning of the 2019-2020 flood season. The VEB center section is currently unmoored and being held back from the main dam by the east and west mooring buoys, there is a possibility of the center section being drawn into the radial gates if they’re opened for major flood releases.

2.0 Description of the work

Contractor shall develop two options for the work, one involving complete replacement of the central anchor and one involving repair and reattachment of a line to the current existing anchor. The Government will decide which option to award.

Option 1: Central Mooring Leg Repair

1. Reattach center mooring buoy to center Pearl Harbor anchor located on the lake bottom at elevation 221 feet and return VEB to original location in reservoir. (see attached diagram)

2. Replace 150 feet of 1” wire rope and shackles between the first and second 2000-pound clump anchors (see attached diagram)

3. Replace 200 feet of 1” wire rope and shackles between the first 40-foot section of 1” wire rope and the first 2000-pound clump anchor (see attached diagram).

4. All replacement parts used shall be in new, unused condition and conform to barrier manufacturer specifications.

Option 2: Central Anchor Replacement

1. Place a new anchor unit in position on the Folsom Lake bed to hold the VEB in place.

2. Attach the center mooring buoy to the new anchor unit and return the center section of the barrier to original position.

3. Replace 150 feet of 1” wire rope and shackles between the first and second 2000-pound clump anchors (see attached diagram)

4. Replace 200 feet of 1” wire rope and shackles between the first 40-foot section of 1” wire rope and the first 2000-pound clump anchor (see attached diagram).

5. All parts shall be in new, unused condition and to barrier manufacturer specifications

General Actions

1. Contractor shall dispose of any debris or excess materials in accordance to all applicable laws, rules or regulations.

3.0 Safety:

The contractor will not require any person employed in the performance of this contract (including subcontracts) to work under conditions that are unsanitary, hazardous, or dangerous to the employees’ health or safety. To protect the life and health of employees and other persons; to prevent damage to property, materials, supplies and equipment; and to avoid work interruptions, the contractor will comply with the 2014 edition of Reclamation’s publication “Reclamation Safety and Health Standards”(RSHS) including any up to date errata. The cost of complying with this paragraph shall be included in the delivery order price.

Safety Program: This contract could involve diving operations at depths greater than 200 feet depending on the option chosen by the Government. The contractor will submit a written safety program for review by the Contracting Officer’s Representative. The Contracting Officer’s Representative must accept the safety program before the contractor commences onsite work. Chapter 3 and Appendix B of the Reclamation Safety and Health Standards contain guidance in preparing the safety program. The contractor may access the Reclamation Safety and Health Standards at http://www.usbr.gov/ssle/safety/RSHS/rshs.html. The contractor must designate, in writing, a competent supervisory employee, acceptable to the Contracting Officer’s Representative, to administer the safety program. The contractor must also provide a detailed dive plan conforming to Section 29 of the RSHS.

The Folsom Dam Safety Office will require two weeks before work commences to review the contractor supplied safety plan.

Job Hazard Analysis: A Job Hazard Analysis is required prior to engaging in potentially hazardous work.

The contractor, after consulting with the Bureau site representative, Contracting Officer’s Representative, or inspector, will assess the workplace and work activities to determine if hazards are present or are likely to be present. The contractor will develop a written Job Hazard Analysis for the work per Reclamation Safety and Health Standards, Section 3.3, Required Safety Programs and Section 4.2, Requirements for Job Hazard Analysis. The hazard analysis will define hazardous operations and activities; and identify proposed methods for eliminating or minimizing the hazard. The methods will outline employee training requirements, personal protective equipment requirements, procedural changes, methods for evaluating program effectiveness, etc. The contractor will be required to receive approval of the Job Hazard Analysis from the Contracting Officer’s Representative seven to fourteen days prior to performing the work.

Personnel & Equipment: The contractor must give each contractor employee a written notice containing pertinent provisions of the safety and health program. The supervisor will instruct the workers in appropriate safety measures. The supervisor will not allow the placement of machines or other equipment in traffic lanes. The supervisor will assure equipment will not create a safety hazard due to the manner it is stored or utilized. The contractor’s equipment will meet Occupational Safety and Health Administration standards at all times while working on this project. If the Contracting Officer's Representative determines an item of equipment needs repair or is unsafe, the contractor shall immediately stop using the equipment and provide replacement equipment at no additional cost to the Government during the down times. The contractor must prohibit the use of any machinery, tool, material, or equipment that is not safe and/or does not comply with applicable requirement of these standards. The contractor must identify such machine, tool, material, or equipment as unsafe, by tagging or locking the controls to make them inoperable, or by physically removing it from its place of operation.

The contractor’s employees shall operate equipment in compliance with Federal, State, and local safety codes, and in accordance with manufacturer’s guidelines and manuals.

Reporting Injuries and Illnesses: The contractor will investigate and report accidents, injuries, or illnesses in accordance with Reclamation Safety and Health Standards, Section 3.7. The contractor supervisor will complete Form 7-2077, CONTRACTOR’S REPORT OF RECORDABLE INJURY/ILLNESS, and submit it to the Contracting Officer’s Representative within 72 hours of any incident or onset of illness. The contractor is responsible for providing and obtaining appropriate medical care for injured employees.

Compliance with Occupational Safety and Health Requirements: The contractor must remove employees who refuse or repeatedly fail to comply with safe work practices and standards, or supervisors who fail to enforce compliance.

http://www.usbr.gov/ssle/safety/RSHS/rshs.html

4.0 Security: This contract will be performed in a high security area at Folsom Dam. Each contractor employee working on the project must meet the following requirements:

a. Have a current US Government Personal Identity Verification (PIV) or Common Access Card (CAC). Contractor employees who don’t have any of these cards are required to have escort in higher security areas.

b. Receive a security briefing by the CCAO Safety and Security Office prior to beginning work on the contract.

c. Each employee will receive a CCAO identity badge after the briefing which must always be worn in the secure area. If wearing the badge interferes with work, the employee may keep the badge on their person but must have it ready for inspection by security officers upon request.

d. All persons without a CCAO identity badge must always be escorted while in the work area or moving through higher security zones.

e. All deliveries and subcontractors must be on a visitor’s list kept at the Folsom Dam main entry control point off Folsom-Auburn Boulevard in Folsom, CA. The contractor is responsible for ensuring that the government representative on their contract receives the names of persons coming on site no later than 24 hours in advance.

f. All vehicles going onto the top of the main dam and all vessels working on the VEBs must be inspected prior to entry. Exceptions will be made for vehicles or vessels that are kept at the work site, they will be inspected at initial entry into the area and allowed to park in a secure area.

5.0 Deliverables:

The contractor shall provide the following before mobilization to site:

1. Mobilization Plan

2. Safety Plan in compliance with reclamation Safety and Health Standards https://www.usbr.gov/ssle/safety/RSHS/rshs.html

3. Dive Plan and written description of work to be completed for approval by Reclamation

The contractor shall provide the following after completion of work:

1. As-built drawings for repaired barrier

6.0 Period of Performance:

All work shall be completed within 45 days of contract award.

1 inch wire ropes and shackles needing replacement with both options

Original position of VEB on reservoir. Mooring devices must hold barrier 300 feet away from dam face as shown.

D-1

SECTION D - PACKAGING AND MARKING

There are no clauses in this section.

E-1

SECTION E - INSPECTION AND ACCEPTANCE

Clause

Title

Date

52.246-12

Inspection of Construction

AUG 1996

F-1

SECTION F- DELIVERIES OR PERFORMANCE

52.242-14

Suspension of Work

APR 1984

52.211- COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Notice to proceed will be issued on the day of award.

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.

G.2

WBR

1452.242-80

POSTAWARD CONFERENCE—BUREAU OF JUL 1993

RECLAMATION

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held via teleconference

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its qoute.

G.3 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at the time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

G-2

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.4 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INTERNET

PAYMENT PLATFORM (IPP) (April 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

No attachments are required to be uploaded to IPP.gov.

Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so, may cause a delay in approval and/or rejection of submitted invoices.

Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit requests for payments (invoices) by following the instructions as described below:

1. To ensure timely processing of invoices under the contract/agreement, the contractor must submit all invoices to the following e-mail address:

sha-mpr-acqconbrinv@usbr.gov

2. A proper invoice shall be submitted by email concurrent with submission to IPP and shall include the information as required by the payment terms and conditions contained in this contract.

3. The subject line of the email shall be formatted to read as follows:

Contract Number_Invoice Number_Contracting Officer’s last name Example: R17PC00001_Invoice No. 1_Smith

4. The Invoice shall be attached to the email and named using the following format:

Contract Number_Contractor Name-Invoice Number-Invoice Amount

(example: R17PC00001_World Test, Inc.-Inv No. 1-$5,678.00 https://www.ipp.gov/ mailto:sha-mpr-acqconbrinv@usbr.gov

G-3

5. Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc.

6. The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.

Emailed Support documents must include, but are not limited to, the following documents:

a. Construction Invoice (Attachment J-2)

b. Monthly Certificate of Labor Conformance (Attachment J-2)

c. Subcontractor / Supplier Payment Summary (Attachment J-2)

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

There are no clauses in this section.

I-1

SECTION I - CONTRACT CLAUSES

52.252-02

CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.doi.gov/pam/programs/acquisition/pamareg (DIAR 1452.XXX-XX formatted clauses) https://www.acquisition.gov/browse/index/far (FAR 52.XXX-XX formatted clauses)

52.202-1

Definitions

NOV 2013

52.204-7

System for Award Management

OCT 2018

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13

System for Award Management Maintenance

52.204-19

Incorporation by Reference of Representations and Certifications

DEC 2014

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.213-4

Terms and Conditions – Simplified Acquisition (Other Than Commercial Items)

OCT 2019

52.219-6

Notice of Total Small Business Set-Aside

NOV 2011

52.219-28

Post-Award Small Business Program Representation

JUL 2013

52.222-6

Construction Wage Rate Requirements

AUG 2018

52.222-7

Withholding of Funds

MAY 2014

52.222-8

Payrolls and Basic Records

AUG 2018

52.222-9

Apprentices and Trainees

JUL 2005

52.222-10

Compliance with Copeland Act Requirements

FEB 1988

52.222-11

Subcontracts (Labor Standards)

52.222-12

Contract Termination – Debarment

52.222-13

Compliance with Construction Wage Rate Requirements and Related Act Regulations

52.222-14

Disputes Concerning Labor Standards

FEB 1988

52.222-15

Certification of Eligibility

52.222-21

Prohibition of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-27

Affirmative Action Compliance Requirements for Construction

APR 2015

52.222-36

Equal Opportunity For Workers with Disabilities

JUL 2014

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

I-2

52.222-50

Combating Trafficking in Persons

MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.223-3 Alt I

Hazardous Material Identification and Material Safety Data (JAN 1997) - Alternate I

JUL 1995

52.223-4

Recovered Material Certification

MAY 2008

52.223-5

Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-6

Drug Free Workplace

MAY 2001

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

52.227-1

Authorization and Consent

DEC 2007

52.227-2

Notice And Assistance Regarding Patent And Copy Infringement

DEC 2007

52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17

Interest

52.232-23

Assignment Of Claims

52.232-27

Prompt Payment for Construction Contracts

JAN 2017

52.232-33

Payment by Electronic Funds Transfer – System for Award Management

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Deviation)

DEC 2013

52.233-1 Alt I

Disputes - Alternate I (DEC 1991)

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law For Breach Of Contract Claim

OCT 2004

52.236-2

Differing Site Conditions

52.236-3

Site Investigation and Conditions Affecting the Work

52.236-5

Material and Workmanship

52.236-6

Superintendence by the Contractor

52.236-7

Permits and Responsibilities

NOV 1991

52.236-9

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10

Operations and Storage Areas

52.236-11

Use and Possession Prior to Completion

52.236-12

Cleaning Up

52.236-13

Accident Prevention

NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-17 Layout of Work APR 1984

I-3

52.236-26 Preconstruction Conference FEB 1995

52.243-5

Changes and Changed Conditions

52.244-6

Subcontracts for Commercial Items

AUG 2019

52.249-2 Alt I

Termination for Convenience of the Government (Fixed-Price) (APR 2012) – Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

DIAR RESTRICTION ON ENDORSEMENTS- JUL 1996

1452.203- DEPARTMENT OF THE INTERIOR

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

DIAR 1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF THE INTERIOR JUL 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

DIAR 1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR JUL 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000 each person $500,000 each occurrence $20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

DIAR

1452.237-70

INFORMATION COLLECTION – DEPARTMENT OF THE INTERIOR

JUL 1996

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

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52.225-09 BUY AMERICAN ACT—CONSTRUCTION MATERIALS MAY 2014

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

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(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.236-8 OTHER CONTRACTS (DEVIATION) APR 1984

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

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The following other contract work is anticipated to be performed at or near the site of this contract: Contractor shall be notified if any other work will be taking place at or near the site of this contract after award of the contract.

52.252-06

AUTHORIZED DEVIATIONS IN CLAUSES

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior or Bureau of Reclamation (48 CFR Chapter 5) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

WBR AUTHORITIES AND LIMITATIONS – BUREAU OF RECLAMATION JUL 1993

1452.201-80

(a) All work shall be performed under the authority exercised by the Contracting Officer who has been appointed in accordance with the requirements of the Department of the Interior Acquisition Regulation (DIAR) 1401.603 (48

CFR 1401.603).

(b) The Contracting Officer may designate other Government employees to act as authorized representatives in administering this contract in accordance with the requirements of DIAR 1401.670 (48 CFR 1401.670). Any designation shall be made to the authorized representative by an appointment memorandum signed by the Contracting Officer which contains the scope and limitations of authority delegated for purposes of administering this contract. A copy of the memorandum, and any revisions to it, shall be provided to the Contractor which shall acknowledge receipt.

(c) The Contractor shall, without unnecessary delay, comply with any written or oral direction of the contracting officer or authorized representative(s) acting within the scope and authority of their appointment memorandum. Such orders or direction include, but are not limited to, instructions, interpretations, approvals, or rejections associated with work under this contract including requirements for submission of technical data, shop drawings, samples, literature, plans, or other data required to be approved by the Government under this contract.

(d)(1) If the Contractor receives direction for work under this contract (including any written or oral orders it regards as a change order under the Changes clause of this contract) and it considers such direction to have been issued without proper authority (including instances where it believes delegated authority has been exceeded), it shall not proceed with the direction and shall notify the Contracting Officer within five (5) working days of receipt of the direction. On the basis of the most accurate information available to the Contractor, the notice shall state--

(i) The date, nature, and circumstances of the direction received;

(ii) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such direction;

(iii) The identification of any documents and the substance of any oral communication involved in such direction;

(iv) The contract line items or other contract requirements that may be affected by the alleged direction including any suspected delays or disruption of performance; and

(v) Any other information considered pertinent.

(2) Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform under this paragraph prior to receipt of the Contracting Officer's determination issued under paragraph (e) of this clause.

(e) The Contracting Officer shall promptly, after receipt of any notice made under paragraph (d) of this clause, respond to the notice in writing. The response shall --

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(1) Confirm that the direction contained in the Contractor's notice was unauthorized and either authorize it by appropriate contract modification or countermand it;

(2) Deny that the direction contained in the Contractor's notice was outside the scope and limitations of the authority of the authorized representative who gave the direction and direct the Contractor to proceed immediately with the direction received or, when necessary, direct the mode of further performance; or

(3) In the event the information contained in the Contractor's notice is inadequate to make a decision under subparagraphs (e)(1) or (2) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(f) A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

WBR PROHIBITION ON RELEASE OF INFORMATION - JUL 1997

1452.209-82 BUREAU OF RECLAMATION

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.

(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

WBR ASBESTOS-FREE WARRANTY – BUREAU OF RECLAMATION OCT 1992

1452.223-80

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever except for the use of asbestos cement pipe.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available. Contracting Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of this contract.

WBR SAFETY AND HEALTH – BUREAU OF RECLAMATION JUN 2015

1452.223-81

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13).

(1) The RSHS manual as referenced in subparagraph (b) above shall be obtained at

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(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification.

Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

WBR PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC DEC 2009

1452.223-82 FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL

WORKPLACE – BUREAU OF RECLAMATION

a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) In addition, Ppursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on…